CVC Limited v Trinity Limited [2009] NSWSC 640

CVC Limited v Trinity Limited [2009] NSWSC 640

It is reasonably arguable, based on the pleadings and construction of the agreement, that the second and third defendants may have obligations under clause 11.6 or by implied term, and their joinder is necessary or proper for the relief claimed; therefore, summary dismissal is inappropriate and their application is dismissed.

Parties
Plaintiff: CVC Limited; Defendant: Trinity Limited; Defendant: Second Defendant; Defendant: Third Defendant
Jurisdiction
Australia
Judgment Date
26 June 2009
Procedural Posture
Commercial/equity Proceedings / Notice of Motion for Summary Dismissal
Outcome
Notice of motion dismissed with costs.
Legal Topics
Summary Dismissal, Implied Terms, Specific Performance, Discovery, Joinder of Parties
Equity Contract Law Summary Dismissal Implied Terms Specific Performance Discovery Joinder of Parties

Case Brief

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Parties

CVC Limited

Plaintiff

Trinity Limited

Defendant

Second Defendant

Defendant

Third Defendant

Defendant

Procedural Posture

Commercial/equity Proceedings / Notice of Motion for Summary Dismissal

Legal Issues

  1. 1 Whether the second and third defendants are proper parties to the proceedings
  2. 2 Whether there is a seriously arguable case that clauses of the separation agreement or implied terms impose obligations on the second and third defendants
  3. 3 Application of implied obligations of co-operation in a multi-party contract

Ratio Decidendi

It is reasonably arguable, based on the pleadings and construction of the agreement, that the second and third defendants may have obligations under clause 11.6 or by implied term, and their joinder is necessary or proper for the relief claimed; therefore, summary dismissal is inappropriate and their application is dismissed.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • The second and third defendants' notice of motion filed 19 June 2009 is dismissed with costs.